Tuesday, September 15, 2015

In Land We Trust

The Chamorro Land Trust was a government program born as an idea and hope during an expansion of Chamorro consciousness and then implemented and given life during a period of heated activism and protest for Guam. When we look back at the work of Chamorro rights pioneers such as Paul Bordallo or Angel Santos, the Chamorro Land Trust is a key, tangible piece of their legacies.

The Chamorro Land Trust's mission is to provide land to landless Chamorros and for the benefit of the Chamorro community, but different administrations have always found ways to blur that or to quietly sneak around or shockingly expand what that might mean, giving away lands meant to be held in trust for the Chamorro people to all sorts of public and private enterprises. The late Senator Ben Pangelinan once said, "anggen ta manteni i tano', ta susteni i taotao." If we hold onto the land, we sustain the people. A very true point that is important to remember as Guam is sold off to foreign companies piece by piece, franchise by franchise. The Chamorro Land Trust is supposed to be something that resists that loss, that is meant to keep something for the people no matter what local leaders or foreign companies do.

I'm preparing to travel to Hawai'i for a conference and so I haven't been following the changing of the Chamorro Land Trust Commission's rules as closely as I would like to. Here are some articles to help those just joining the discussion about the conflicts between the Legislature and Adelup.

Senator Tom Ada disagrees with the Governor's opinion that the
proposed rules and regulations lapsed into effect. The Senator is going
to introduce another version of proposed rules and regulations for the
CLTC.

Guam
- Senator Tom Ada says he's disappointed that the Governor vetoed the
legislature's disapproval of the rules and regulations for the Chamorro
Land Trust Commission and he doesn't believe that the Governor's veto
puts the rules and regulations into effect.

The
legislature had 90 days to approve disapprove or let the proposed CLTC
rules and regulations lapse into effect. "Of course the front office is
saying the legislature did not act on time. The legislature contends
that it did. The deadline was September 1st the legislature took action
on August 28th,” said Senator Ada. The legislature passed
bill 139 disapproving the proposed rules and regulations for the CLTC.
However, the Governor did not sign the bill into law. Instead he vetoed
it and thus the Governor's office contends that the legislature's
disapproval did not go into effect.

In
a release the Governor's Attorney Sandra Miller stated, "It doesn't
appear that the legislature took any of the actions allowed by law. The
disapproval did not become effective before the 90 days passed, and
therefore under the AAA the proposed regulations automatically went into
effect.” Meanwhile Senator Ada says, "The legislature took a definitive
action by disapproving the rules and regs."

In
a release the Governor has stated that the CLTC's rules and regulations
would generate millions of dollars to help fund infrastructure for
residential and agricultural CLTC property.

Senator
Ada says he is just about to put out another version of the rules and
regulations one he hopes all can agree on. "Well I'm gonna proceed with
introducing the bill on the basis that I believe the legislature acted
on it and that in fact there still are no rules and regulations in
effect,” said Senator Ada.

Meanwhile
the Governor says he will ask the Attorney General to confirm whether
or not the rules and regulations are already in effect.

Senator Ada says he hopes that the CLTC does not enter into any leases until the matter is settled.

************************

Calvo veteos CLTC bill
By Robert Q. Tupaz

Guam Daily Post

Wednesday, 09 Sep 2015 03:00am

Says CLTC commercial lease rules in effectGov.
Eddie Calvo yesterday trumped the disapproval of rules and regulations
proposed to govern commercial leases of public lands when he vetoed
legislation that was intended to reject the rules in their entirety.

The legislative chairman on lands said he is confident the
legislature’s action was proper and cautioned against any immediate
commercial leases of Chamorro Land Trust properties.

According
to Sandra Miller, the governor’s legal counsel, lawmakers failed to
adhere to the Administrative Adjudication Law, also known as the Triple A
process.

The Chamorro Land Trust Commission submitted its
proposed rules and regulations to govern the process of availing
commercial leases of public lands in its inventory to lawmakers on June
3. Miller stated, “It doesn't appear that the legislature took any of
the actions allowed by law. The disapproval did not become effective
before the 90 days passed, and therefore under the AAA, the proposed
regulations automatically went into effect.”

Not so, said Sen.
Tom Ada, legislative chairman of the committee on lands. Ada said he was
satisfied that lawmakers met the deadline and took action. “My opinion
is that the legislature acted within the 90 days. And we believe that
the deadline was Sept. 1. The legislature acted on Friday, Aug. 28, and
so we were well within the 90 days,” Ada said. “What was sent to the
front office was a substitute bill that states the legislature
disapproves the rules and regs that were transmitted.” Session

Lawmakers
went into session on Aug. 27 initially to amend and approve the
measure. However, on Aug. 28, they scrapped the process and substituted
the measure amending the title “To Disapprove” the proposal. The
disapproval, as Bill 139-33, passed unanimously.

However, with
yesterday’s veto, the governor said his legal team believes the rules
and regulations have gone into effect under the AAA process in spite of
the legislature's failure to approve the CLTC bill. Calvo said he would
also seek the opinion of the attorney general of Guam but wanted to move
forward in the interest of commerce and development.

“The rules
and regulations would generate millions of dollars to help fund
infrastructure for residential and agricultural CLTC property,” Calvo
stated in a release from Adelup. “I intend to confirm this with the
attorney general's office. Believing that to be so, CLTC will have the
tools it needs to help families who have received properties but need
some help to ensure they have water and power, so they can build their
homes or their farms and realize their dreams.”

Ada said he is
interested in the opinion that was requested of the OAG as well. In the
meantime, Ada warned against any signing of leases. “I would just
suggest that they act cautiously and nobody should go out and run out
there and start signing commercial leases because we don’t want this
thing to end up in court again and drag on for two decades,” Ada said.
“I will have to give them the benefit of the doubt that they will act
prudently and move cautiously.”

Ada said another component of
the governor’s action that would need to be addressed in the opinion is
the status of the rules and regulations as passed. “It also begs the
question which rules and regs are in effect now,” Ada said. “In their
minds, what do they think is the approved set of rules and regs? Is it
the one they (CLTC) transmitted? Or the amended version that the
committee was working on when finally it was decided, ‘Scrap this whole
thing and let’s go back to the drawing board?’”

Disappointment

Calvo said he shared CLTC Director Mike Borja’s disappointment at the legislature’s opposition to the proposed rules.

“We
conducted a lot of due diligence, held several public hearings as a
part of the AAA process, and worked very closely with Sen. Tom Ada's
committee before finalizing the proposed rules and regulations," said
Borja.

The governor lamented, “The legislature had 90 days to
review the proposed rules and regulations. However, instead of approving
the CLTC's proposed rules and regulations, Sen. Tom Ada introduced a
substitute bill to disapprove the rules and regulations submitted.”

Ada
said lawmakers were prudent as well in their dismissal of the rules
because some concerns weren’t addressed to the satisfaction of
lawmakers. One, in general, was the amount of land that may be leased to
a commercial interest.

“One of the major reasons that the
legislature acted against the proposal was the concern that the rules
and regs did not clearly define how much of the Chamorro Land Trust
properties would be set aside for commercial leasing,” Ada said. “And
the concern was, what if we ended up leasing a majority of the CLTC
properties for commercial use and end up short – with not enough land
for residential and agricultural use?”

The KUAM interview with the director of Land Management over the
governor’s veto of the Legislature’s disapproval of the proposed rules
and regulations for the commercial lease of Chamorro Land Trust lands
raised some interesting points.

The attorney general should take
her time in reviewing all issues — the obvious, as well as the not so
obvious, which were alluded to by the director’s statement that a
commercial land lease was already in the making, even before legislative
review of the proposed rules began.

It appears that the Land
Trust assumed that legislative approval would be automatic, a
perfunctory formality. Sen. Tom Ada very wisely called for a Committee
of the Whole review. That a commercial lease was ready for execution
should raise eyebrows and important questions.

The director
pointed out that that commercial lease would “only” be for the
“extraction of minerals” from Land Trust lands in Yigo; that such
“extraction of minerals” would produce millions in revenue for Land
Trust projects and create terraces for future housing development.
Anyone who has seen the results of the removal of kaskåhu from the
Hawaiian Rock quarry, the Fadian Point quarry, the quarries in Tamuning
along Chalan San Antonio and San Vitores Road knows the final results of
this “extraction of minerals.”

Those familiar with the Yigo area
know that Land Trust properties stretch from the southern boundaries of
the Guam International Raceway, northward toward Hanom Springs and
Lahuna Point. The only “mineral” of commercial value, along that
coastline, is kaskåhu. The signing of the Record of Decision for the
military buildup, creates a demand for a huge quantity of good quality
coral — specifically gravel which meets DOD’s specifications for quality
of concrete.

The cliff line along Fadian Point and along that
area being mined by Hawaiian Rock has been exploited for many years and
could be depleting quickly. The area from the northern end of the
raceway’s lease boundaries to as far north as Hanom Springs and Lahuna
Point is pristine Land Trust land and nearly all of it consists of the
type of kaskåhu required. Indeed, the “gold mine” that the Land Trust
lease will create, which was being finalized even before the Legislature
began its deliberations on proposed rules, is that white gravel.

Someone got a sweet deal before the rules were even seen by the Legislature.

Not
so sweet will be the increase in heavy equipment traffic along Route
15. Those traveling southbound on Route 15 will contend with even more
13-yard dump trucks and cement transits, from Yigo to Mangilao. Those
living along Gayinero and along Chalan Lahuna, both secondary
residential streets, will contend with increases in heavy equipment
traversing between Route 1 and Route 15. All of this in addition to the
increased traffic going into Andersen Air Force Base, where the 6,300
Marines and dependents will be housed.

Four simple questions:

Was the proposed commercial lease for the Yigo property ever put out on a request for proposals?
Were any studies performed on the impact to Yigo’s human environment of permitting a coral pit operation in their backyard?

Were the people of Yigo ever informed about this proposal?

Were any public hearings in the village conducted on the proposal?

The
Land Trust is required by law to develop rules governing commercial
leases and present them to the Legislature. Shouldn’t the Land Trust be
legally and morally obligated to inform the residents of Yigo how it is
proposing to affect their daily lives?

Lawmakers voted to override the governor’s veto of Bill 139-33 yesterday in a special session.
Senators had first rejected the bill during an Aug. 27 session and
substituted the title of the bill “To Disapprove” the proposed rules and
regulations to govern the commercial leases of Chamorro Land Trust
properties. The governor, in turn, vetoed the senators’ rejection on
Sept. 8, which led to the special session called yesterday.

Of
the 15 senators, 11 voted to override the veto, including all Democratic
senators and two Republican senators. Four senators voted against the
override.

The governor transmitted the bill to the speaker of
the legislature on June 3. The bill originally sought to adopt rules and
regulations that govern the commercial leases and licenses for the
commercial use of Chamorro Land Trust properties.

However, in
their amended measure, senators found there were still issues that
needed to be resolved, including a clarification of what “available
property” is, according to the amended bill. Lawmakers also noted in the
amended Bill 139 that there was no indication of a process by which
property would become available for commercial use.

During
session yesterday, Sen. Rory Respicio pleaded with colleagues to
override the veto and said it was imperative to override the measure.

“The
legislature, the only recourse it had, was to pass a bill that
disapproved these rules and regulations in total,” Respicio said, adding
that lawmakers acted well within the 90-day time limit to act on such
regulations dictated by the Administrative Adjudication Law (AAA).

Gov.
Eddie Calvo’s legal counsel said the senators failed to adhere to the
AAA process because they did not take action before the 90 days passed.
Sandra Miller, the governor’s legal counsel, said when the governor
vetoed the measure, “It doesn't appear that the legislature took any of
the actions allowed by law. The disapproval did not become effective
before the 90 days passed, and therefore under the AAA, the proposed
regulations automatically went into effect.”

Respicio said the
legislature, in contrast with what Miller said, acted within the AAA law
and in order to affirm that the legislature acted within the law,
lawmakers should override the governor’s veto.

Bring it to court

Sen.
Frank Blas, one of the four senators who voted against the override,
said, “Obviously two branches of government disagree with each other,”
and said the issue should be brought to court so the third branch of
government could clarify the AAA issue.

“If this body was to be
successful in this override, then my concern is OK so that voids this or
if this actually brings this back on. But the problem is, at what date?
Today’s the 14 of September we’re going to go back to the process ...
when does the 90 days end?” Blas said.

According to the voting
sheet for Bill 139, 14 of 15 senators, including Blas, voted on Aug. 28
to disapprove the proposed rules and regulations.

Blas said the two branches could have come up with better rules and regulations but he objected yesterday to the process.

Sen.
Tom Ada said there’s already another bill that’s been introduced that
has a scheduled hearing and is focused on the same issue of Chamorro
Land Trust Commission properties and rules and regulations for
commercial leases.

Ada said by overriding the veto, there’s a
clean slate to move forward on Bill 175-33 which addressed concerns
brought up during the discussions on Bill 139.

Adelup response

The governor issued a statement less than an hour after the special session ended.

“The
governor is disappointed considering that the speaker also asked the
attorney general to opine on whether the legislature met the AAA process
requirements,” the statement said.

The governor said the
legislature “seems to be determined to shelve the rules and regulations”
that the committee on land and the Chamorro Land Trust Commission
worked on.

“This attempt to reject the rules and regulations
illustrates an unwillingness to work with the administration for the
good of the people. It has been more than 20 years since the Chamorro
Land Trust has gone without these rules and regulations, and our
Chamorro people deserve to have the elected leaders who are paving the
way to improve, instead of impeding, the process,” the statement said.

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Put Guahu / About Me

This blog is dedicated to Chamorro issues, the use and revitalization of the Chamoru language and the decolonization of Guam. This blog also aims to inform people around the world about the history, culture and language and struggles of the Chamorro people, who are the indigenous islanders of Guam, Saipan, Tinian, Luta and Pagan in the Mariana Islands. Pues Haggannaihon ha', ya taitai na'ya, ya Si Yu'us Ma'ase para i finatto-mu.

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The Revolution Will Not Be Haolified

THE REVOLUTION WILL NOT BE HAOLIFIEDTinige’ as Guahu - 2003 (updated 2008)

You will not be able to ignore it che’lu * This time you will not be able to blame it all on Anghet * You will not be able to change channels * And watch Fear Factor, Rev TV of Salamat Po Guam because * The Revolution will not be televised

The revolution will not be televised, nor will it be advertised * It will not be sponsored by the Good Guys at Moylan’s or the better guys at AK. * It will not be something easily explained by radio callers * Whether they be Positively Local, Definitively Settler, or Surprisingly Coconut * It will not be cornered by the Calvos and explained by Sabrina Salas * Matanane * After the story about the incoming B-52’s or 1000’s of Marines careening towards to Guam, and how we * should be economically energized and not terrorized. * Jon Anderson will have no TT anecdotes about it * and Chris Barnett won’t malafunkshun it because the revolution will not be televised

The revolution will not be televised or editorialized * It will not be something canabilized with two inches here two inches there * Dubious headlines everywhere * Lee Weber will not edit it * Joe Murphy will not put it in his pipe and smoke it * Nor dream about it, or tell others the wonders and blunders of it. * There will be no letters to the editor quoting scriptures or denying its constitutionality * And there will be no American flag inserts saying these three colors just don’t run * As the revolution will not be editorialized

The revolution will not be televised or politicized * It will not play the same old gayu games * And promise you that same old talonan things. * The revolution will not wave at you as you drive by on Marine Drive * And seduce you with its hardworking eyes. * It will not be territorial or popular, and not encourage you with maolek blue. * The revolution will not put marang salaman po after its speeches to get more Filipino votes in the next election because the revolution will not be politicized

The revolution will not be televised, not be theorized * It will not be something GCC or UOG friendly. * There will be no books at Bestseller offering to help you lose something in 90 days * Or Rachel Ray helping you cook the revolution of your way. * Ron McNinch will not survey it * and will not poll people about their revolution of choice. * There will be no WASC review report demanding accountability demanding autonomy * And no beachcombing carpetbaggers will proclaim their own terminal authority * Over the histories, the laws, the thinking of those for whom they see nothing but corrupt and corrupting inferiority * The revolution will not be colonized

The revolution will not be televised, not be supersized. * The revolution will not be something you can buy at Ross, or get at blue light cost * It is not just red rice, kelaguan uhang, or popcorn with Tobacco sauce. * It doesn’t come with Coke and it doesn’t fit on a fiesta plate. * The revolution will not make you gof sinexy, cure your jafjaf, or make fragrant your fa’fa’ * The revolution will not force you to be where America’s empire begins * Or where Japan’s golf courses and Gerry Yingling’s credit card debt ends. * You won’t need a credit card, or be charged for the tin foil to cover your balutan * As the revolution will not be economized

The revolution will not be televised, blownback or militarized * There will be no more physical ordnance buried in people’s lands * And no more patrionizing propaganda buried in people’s minds * The revolution will not get you cheaper cases of chicken or increased commissary privileges. * It will not make freedomless flags feel more comfortable in your hands * Or make uniforms fit more snugly around your mind. * The revolution will not deny racism or exploitation * And not create histories about landfalls of destiny * But instead publicize the racism and evils of American hegemony. * The revolution will not be subsidized by construction contracts or the race of Senator Inouye or Congressman Burton * It will not be laid waste to by daisy cut budgets or Medicare spending limits * Instead it will be sustained by deep memories that refuse to die * The revolution will not be televised.

The revolution will not be televised and will not polarize based on blood or color * It will not make your skin lighter * It will not make your skin darker * It will not test your blood the way Hitler or Uncle Sam would of done * It will not hate some and love others based on their time of naturalization * Or incept date of their compacts of free association. * But the revolution will help some find comfort, find strength, find power * In their connections to the land and to each other * Allow some to discover the sovereignty that can be found in solidarity * The revolution will take and remake this consciousness that doesn’t need to be televised * But does need to be revolutionized * The revolution will not be haolified * The revolution will not be haolified